Repacker - Declaration/Undertaking for Owning Full Compliance of Food Products: A Guide to NoC Exemption

In the dynamic world of food business operations, compliance with regulations is the backbone of trust, safety, and success. Among various procedures, one critical aspect often faced by repackers is the requirement of a 'No Objection Certificate (NoC)' from the manufacturer while applying for a food license under the Food Safety and Standards Authority of India (FSSAI).

However, did you know that repackers can seek exemption from submitting a NoC by providing a Declaration/Undertaking? Let’s dive deeper into what this means, why it is important, and how to properly execute it.

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Who is a Repacker?

A repacker is a food business operator who purchases food products in bulk and repackages them into smaller units under their own brand or label, without altering the original product’s nature.
Examples include companies that repackage grains, spices, oils, or confectioneries.

Since repackers market the product under their own brand, they are seen by consumers and authorities as fully responsible for quality, safety, and compliance.

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What is a NoC from Manufacturer?

Usually, food business operators (especially marketers, distributors, or repackers) are asked to submit a No Objection Certificate (NoC) from the original manufacturer while applying for an FSSAI license.
The NoC acts as proof that the manufacturer has no objection to the sale and distribution of the repacked food product under a different label.

However, obtaining a NoC is not always feasible for repackers due to business confidentiality, logistical challenges, or unwillingness of manufacturers.

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Exemption from NoC: Declaration/Undertaking by Repacker

Recognizing practical difficulties, FSSAI allows repackers to seek exemption from submitting a NoC, provided they submit a Declaration/Undertaking owning full responsibility for the food product.

By signing this undertaking, the repacker assures that:

• The food product being repacked and sold complies with all provisions of the Food Safety and Standards Act, 2006 and regulations made thereunder.

• They own the full accountability for the safety, quality, labelling, and compliance of the repacked product.

• If any violation is found, they will be liable for legal action, penalties, or cancellation of license.

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Why is this Declaration Important?

1. Legal Responsibility: Once the declaration is submitted, the repacker becomes fully liable for the product, just like a manufacturer.

2. Ease of Licensing: It simplifies the licensing process by eliminating the need to chase manufacturers for NoC.

3. Consumer Protection: It ensures that despite the repacking, the product remains safe and meets all regulatory standards.

4. Brand Credibility: Taking full ownership builds trust with customers, showing that the brand stands behind its product.

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Key Points to Include in the Declaration

When drafting your Declaration/Undertaking, make sure it includes:

• Name and address of the applicant (repacker)

• Details of the food products being repacked

• FSSAI license number (if available) or application reference

• A clear statement owning full compliance responsibility

• An assurance that the food meets FSSAI standards

• Declaration to bear consequences in case of non-compliance

• Signature with date and official seal

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Sample Format of Declaration/Undertaking

DECLARATION/UNDERTAKING BY REPACKER

I, _____________ (Name), Proprietor/Authorized Signatory of _____________ (Company Name), located at _____________ (Address), hereby declare that the food products repacked and marketed by us fully comply with the provisions of the Food Safety and Standards Act, 2006, and regulations made thereunder.

I undertake full responsibility for the safety, quality, labelling, and regulatory compliance of the repacked food products.

I hereby seek exemption from submission of 'No Objection Certificate (NoC)' from the original manufacturer and agree to bear all consequences arising from any breach of compliance or violation of food safety standards.

Place: ____________
Date: ____________
Signature and Stamp: ____________

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Conclusion

For repackers, submitting a Declaration/Undertaking instead of a NoC from the manufacturer offers a practical route to compliance — but it comes with full accountability.
It is crucial to maintain high standards of sourcing, repacking, and labelling to safeguard public health and protect your brand reputation.

By understanding and respecting the responsibilities outlined in this process, repackers can streamline their business operations while staying fully compliant with the law.

Remember: In food business, compliance is not optional — it is the foundation of trust.